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Fern (consultant)     15 April 2019

Will to sell immovable property of deceased person

I am Indian national, want to make will appointing executor to give mainly residential flat to my son (NRI) and now US passport holder. For residential flat, can I mention that the Executor will sell the flat and give entire sales proceeds to my son. 

As most of the buyers avoid buying flat from NRI due to cumbersome process and TDS, by this way, can the buyer buy flat directly from "Estate of Deceased" or directly form deceased rather than from NRI / US passport holer. 

Please advise - 

1) Can Executor sell flat in the name of "Estate of Decesaed person" or directly in the name of deceased person? 

2) All other taxation and registration formalities will have to be complied by the Executor in the name of "Estate of Decesaed person" or directly in the name of deceased person?

3) Can Executor then collect the sales proceeds in the name of "Estate of Decesaed person" or directly in the name of deceased person and then transfer to my son's account in India or abroad. 

Thanking you. 



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